[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Proposed Rules]
[Pages 45314-45322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13945]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / 
Proposed Rules  

[[Page 45314]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1755

RIN 0572-AB40


Telecommunications Policies on Specifications, Acceptable 
Materials, and Standard Contract Forms

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS), an agency delivering the 
U.S. Department of Agriculture's Rural Development Utilities Programs, 
proposes amending certain regulations on telecommunications policies to 
include requirements presently contained in RUS Bulletin 345-3, 
``Acceptance of Standards, Specifications, Equipment, Contract Forms, 
Manual Sections, Drawing, Materials and Equipment for the Telephone 
Program.'' This proposed rule would establish and codify provisions for 
RUS acceptance and Technical acceptance of materials used in 
telecommunications systems. This rule also proposes to integrate the 
existing regulatory sections on field trials into the procedure for 
product acceptance and inclusion in this codification, as well as to 
clarify and reorganize the field trial section. This rule would affect 
borrowers that are parties to planning and construction of 
telecommunication facilities with RUS funds and manufacturers and 
contractors providing products to RUS borrowers.

DATES: Written comments must be received by RUS or must carry a 
postmark or equivalent no later than October 4, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Agency Web Site: http://www.usda.gov/rus/index2/Comments.htm. Follow the instructions for submitting comments.
     E-mail: [email protected]. Include in the subject line 
of the message ``Telecommunications Policies Specifications, Acceptable 
Materials, and Standard Contract Forms.''
     Mail: Addressed to Richard Annan, Acting Director, Program 
Development and Regulatory Analysis, Rural Utilities Services, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., STOP 1522, 
Washington, DC 20250-1522.
     Hand Delivery/Courier: Addressed to Richard Annan, Acting 
Director, Program Development and Regulatory Analysis, Rural Utilities 
Services, U.S. Department of Agriculture, 1400 Independence Avenue, 
SW., Room 5168-S, Washington, DC 20250-1522.
    Instructions: All submissions received must include that agency 
name and the subject heading ``Telecommunications Policies 
Specifications, Acceptable Materials, and Standard Contract Forms.'' 
All comments received must identify the name of the individual (and the 
name of the entity, if applicable) who is submitting the comment. All 
comments received will be posted without change to http://www.usda.gov/rus/index2/Comments.htm, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Norberto Esteves, Chair, Technical 
Standards Committee ``A'' (Telecommunications), Advanced Services 
Division, Rural Development Utility Programs, U.S. Department of 
Agriculture, STOP 1550, Washington, DC 20250-1550, telephone number 
202-720-0699, fax number 202-205-2924, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore has not been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. RUS has determined that this proposed rule meets 
the applicable standards provided in section 3 of the Executive Order. 
In addition, all state and local laws and regulations that are in 
conflict with this rule will be preempted; no retroactive effect will 
be given to the rule, and, in accordance with section 212(e) of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
6912(e)), administrative appeals procedures, if any are required, must 
be exhausted before an action against the Department or its agencies 
may be initiated.

Regulatory Flexibility Act Certification

    RUS has determined that this rule will not have a significant 
economic impact on a substantial number of small entities, as defined 
by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The standard 
RUS telecommunications loan documents contain provisions on procurement 
of products and construction of telecommunications facilities purchased 
with loan funds. This ensures that the telecommunications systems 
financed with loan funds are adequate to serve the purposes for which 
they are to be constructed and that loan funds are adequately secured. 
RUS borrowers, as a result of obtaining Federal financing, receive 
economic benefits that exceed any direct cost associated with complying 
with RUS regulations and requirements.

Information Collection and Recordkeeping Requirements

    The information collection and recordkeeping requirements contained 
in this proposed rule are cleared under control number 0572-0059 
pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, 
as amended).

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications requiring the 
preparation the preparation of a Federalism Assessment.

Catalog of Federal Domestic Assistance

    The program described by this proposed rule is listed in the 
Catalog of Federal Domestic Assistance Program under No. 10.851, Rural 
Telephone

[[Page 45315]]

Loans and Loan Guarantees; No. 10.852, Rural Telephone Bank Loans, and 
No. 10.857, Rural Broadband Access Loans and Loan Guarantees. This 
catalog is available on a subscription basis from the Superintendent of 
Documents, the United States Government Printing Office, Washington, DC 
20402. Telephone: (202) 512-1800.

Executive Order 12372

    This proposed rule is excluded from the scope of Executive Order 
12372, Intergovernmental Consultation, which may require consultation 
with State and local officials. See the final rule related notice 
titled ``Department Programs and Activities Excluded from Executive 
Order 12372'' (50 FR 47034), advising that RUS and RTB loans and loan 
guarantees are excluded from the scope of Executive Order 12372.

Unfunded Mandates

    This proposed rule contains no Federal Mandates (under the 
regulatory provision of title II of the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. Chapter 25)) for State, local, and tribal governments or 
the private sector. Thus, this proposed rule is not subject to the 
requirements of sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995.

National Environmental Policy Act Certification

    The Administrator of RUS has determined that this proposed rule 
will not significantly affect the quality of the human environment as 
defined by the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). Therefore, this action does not require an environmental 
impact statement or assessment.

Background

    This proposed rule codifies RUS product acceptance requirements 
presently contained in RUS Bulletin 345-3, ``Acceptance of Standards, 
Specifications, Equipment Contract Forms, Manual Sections, Drawings, 
Materials and Equipment for the Telephone Program,'' (hereinafter ``RUS 
Bulletin 345-3.'') RUS Bulletin 345-3 outlines the requirements for 
determining acceptability of certain products for use on 
telecommunications systems found in Information Publication 344-2, 
``List of Materials Acceptable for Use on Telecommunications Systems of 
RUS Borrowers'' (hereinafter ``List of Acceptable Materials.'') As a 
result, RUS Bulletin 345-3 will be rescinded with the effective date of 
the final rule.
    This action also proposes the establishment of a policy to provide 
RUS product acceptances for no more than three (3) years, necessitating 
the periodic requalification of each RUS accepted product pursuant to 
proposed Sec.  1755.22. A new section setting-out the procedure for 
withdrawal of RUS product acceptance has also been added.
    This proposed regulation will be divided into the subparts shown in 
the index. The previous Field Trial section, now relocated to subpart 
F, has been revised to clarify that successful completion of a field 
trial does not imply automatic RUS acceptance of a product, but that 
the Technical Standards Committees ``A'' and ``B'' and the RUS 
Administrator shall determine the acceptance of such products upon 
consideration of applications submitted by the manufacturer requesting 
such consideration. Finally, Sec.  1755.97 of this part has been 
redesignated as Sec.  1755.65.

Revisions to RUS Forms

    RUS Forms 399a, ``Supplemental Agreement to Equipment Contract for 
Field Trial (Secondary--Delivery, Installation, Operations)'' has been 
revised to streamline the field trial procedure and to make it more 
user-friendly. RUS has also revised Article IV(4) of RUS Form 515, 
``Telecommunications System Construction Contract (Labor and 
Materials,)'' amending the insurance coverage certification to read: 
[check box] When checked by the Owner, with respect to the insurance 
required by 7 CFR 1788.48 (b) and (c), the Contractor shall include as 
additional insured, the Owner, and its personnel, and the Engineer, and 
its personnel. The added costs shall be included in the bid price. RUS 
Form 773, ``Miscellaneous Construction Work and Maintenance Service 
Contract,'' has been revised as well to require the use of RUS Form 
744, ``Certification Contractor and Indemnity Agreement.'' Draft copies 
of the proposed revisions are available through the RUS 
Telecommunications forms Web site at http://www.usda.gov/rus/telecom/publications/forms.htm.

Rescission of RUS Forms

    RUS Form 257a, ``Contractor's Bond,'' RUS Form 397f, ``Contractor's 
Bond (Special Telephone Equipment),'' and RUS Form 525a, ``Contractor's 
Bond (Central Office Equipment)'' have been replaced by RUS Form 168b, 
``Contractor's Bond'' or RUS Form 168c, ``Contractor's Bond'' (less 
than $1 million) which are to be used for any RUS funded construction.
    Addenda to following RUS Forms: RUS Form 397, ``Special Equipment 
Contract (Including Installation)'' (hereinafter ``RUS Form 397,'') RUS 
Form 525, ``Central Office Equipment Contract (Including 
Installation)'' (hereinafter ``RUS Form 525,'') and RUS Form 545, 
``Central Office Equipment Contract (Not Including Installation)'' 
would no longer be needed, as the proposed revisions of the forms would 
incorporate provisions for them.

List of Subjects in 7 CFR Part 1755

    Loan programs-communications, Reporting and recordkeeping 
requirements, Rural areas, Telephone.

    For the reasons set out in the preamble, RUS proposes to amend part 
1755, chapter XVII of title 7 of the Code of Federal Regulations, as 
follows:

PART 1755--TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS, 
ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS

    1. The authority citation for part 1755 continues to read as 
follows:

    Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.

    2. The heading of part 1755 is revised as set out above.
    3. The table of contents for Sec. Sec.  1755.1 through 1755.97 is 
revised to read as follows:
Subpart A--General
Sec.
1755.1 General.
1755.2 Definitions applicable to Sec.  1755.1 through Sec.  1755.97.
1755.3 List of Acceptable Materials.
1755.4-1755.9 [Reserved]
Subpart B--RUS Technical Committees
1755.10 Technical Standards Committee A (Telecommunications).
1755.11 Technical Standards Committee B (Telecommunications).
1755.12--1755.19 [Reserved]
Subpart C--RUS Acceptance of Products
1755.20 General.
1755.21 Products used in special situations.
1755.22 Requalification.
1755.23 Product design changes.
1755.24 Address or name change.
1755.25-1755.29 [Reserved]
Subpart D--Rescission of RUS Product Acceptable Materials
1755.30 General.
1755.31 Procedure for Rescission of RUS Product Acceptance.
1755.32--1755.39 [Reserved]
Subpart E--Appeals
1755.40 Appeals to Committee B.
1755.41 Appeals to the Administrator.
1755.42--1755.49 [Reserved]

[[Page 45316]]

Subpart F--Field Trials
1755.50 General.
1755.51 Qualifications for Borrower's participation.
1755.52 Procurement.
1755.53 Field trial contract approval.
1755.54 Field trial agreement.
1755.55 Procedures for establishing field trials for the various 
product categories.
1755.56 Warranty.
1755.57-1755.59 [Reserved]
Subpart G--Standards, Specifications, Contract Forms, Bulletins, 
Drawings, and Products for the Telecommunications Program
1755.60 RUS standard contract forms and specifications.
1755.61 Borrower contractual obligations.
1755.62 Notice and publication of listed standard contract forms and 
specifications.
1755.63 Promulgation of new or revised standard contract forms.
1755.64 List of RUS standard contract forms.
1755.65 List of RUS specifications incorporated by reference.
1755.66-1755.97 [Reserved]
* * * * *
    4. Subpart A, consisting of Sec. Sec.  1755.1 through 1755.9 is 
established, and Sec. Sec.  1755.1 through 1755.9 are revised to read 
as follows:

Subpart A--General


Sec.  1755.1  General.

    (a) The standard RUS telecommunications loan documents contain 
provisions on procurement of products and construction of 
telecommunications facilities purchased with RUS and Rural Telephone 
Bank (RTB) loan funds. This part implements certain provisions of the 
loan documents and ensures that borrowers' telecommunications systems 
financed with RUS loan funds are adequate to serve the purposes for 
which they are to be constructed and that RUS loan funds are adequately 
secured. Products and construction financed with loan RUS and RTB funds 
must meet the specifications established by this part. In addition, 
this part lists the RUS bulletins containing the specifications 
required for telecommunications facilities. This part also sets forth 
policies and procedures to determine specifications, standard contract 
forms, drawings, and products for the telecommunications program.
    (b) This part applies to products financed with RUS and RTB loan 
funds.
    (1) Subpart A of this part covers general requirements, 
definitions, and the RUS acceptance of materials for use on RUS 
borrowers' telecommunications systems, and for the approval of RUS 
telecommunications standards, specifications, drawings, and technical 
guidance issuances.
    (2) Subpart B of this part covers the RUS technical committees 
which have the authority to accept or reject all proposals of 
standards, specifications, drawings, and products for use in RUS-
financed construction.
    (3) Subpart C of this part covers the RUS requirements for the 
acceptance of products.
    (4) Subpart D of this part covers the withdrawal of RUS acceptance 
of products.
    (5) Subpart E of this part covers appeal of a decision made by the 
RUS technical committees.
    (6) Subpart F of this part covers the RUS requirements for field 
trials.
    (7) Subpart G lists the specifications, standard contract forms, 
bulletins, drawings, and products to be used in construction financed 
with RUS and/or RTB Loans.
    (c) Borrowers may use RUS financing only for RUS accepted products, 
unless, pursuant to Sec.  1755.21 or Sec.  1755.52 of this part, they 
obtain written prior RUS approval to purchase a product not included 
therein.
    (d) Borrowers may not finance used or secondhand products with RUS 
financing, unless otherwise approved by RUS in writing.
    (e) All products financed with loan funds are subject to the ``Buy 
American'' requirement of section 401 of the Rural Electrification Act 
of 1935 as amended (7 U.S.C. 901 et seq.) (hereinafter the ``RE Act.'')


Sec.  1755.2  Definitions.

    For the purpose of this part:
    Accept; Acceptance--RUS action of providing the manufacturer of a 
product with a letter which indicates that RUS has determined that the 
manufacturer's product meets RUS requirements in accordance with this 
part, including the technical specifications that RUS has established 
for the product.
    Administrator--The Administrator of RUS or an RUS staff employee to 
whom authority has been delegated.
    Borrower--Any organization that has an outstanding RUS and/or RTB 
Loan, or that is seeking such financing. See 7 CFR part 1735.
    ``Buy American'' requirement--The RE Act's ``Buy American'' 
provision (June 21, 1938, Ch. 554, Title IV, section 401, 52 Stat. 
818), as amended.
    Central office equipment--Equipment category which includes central 
office dial equipment, remote switching equipment, and all other 
products associated with switching equipment.
    Committee A--Technical Standards Committee ``A'' 
(Telecommunications). See Sec.  1755.10.
    Committee B--Technical Standards Committee ``B'' 
(Telecommunications). See Sec.  1755.11.
    Contract forms--RUS requires the use of RUS standard contracts for 
construction, procurement, engineering services, and architectural 
services financed with RUS and/or RTB Loans.
    Domestic product--For purposes of this part, a domestic product is 
one which is manufactured in the United States or in an eligible 
country, substantially all from articles, materials, or supplies mined, 
produced, or manufactured, as the case may be, in the United States or 
in an eligible country. An ``eligible country'' is any country that 
applies with respect to the United States an agreement ensuring 
reciprocal access for United States products and services and United 
States suppliers to the market of that country, as determined by the 
United States Trade Representative.
    Electronic transmission equipment--Equipment category which 
includes line concentrators, subscriber carrier, radio systems, fiber 
optic lightwave systems, multiplex equipment, mobile and fixed wireless 
systems, and other products of electronic equipment associated with 
transmission of telecommunications signals.
    List of Acceptable Materials--The latest edition of RUS 
Informational Publication 344-2, ``List of Materials Acceptable for Use 
on Telecommunications Systems of RUS Borrowers.'' This document 
contains a convenient listing of the domestic products which have been 
determined to be acceptable by the RUS Technical Committees and the 
Administrator. The List of Acceptable Materials is available on the 
Internet at http://www.usda.gov/rus/telecom/materials/lstomat.htm.

    Listed product--Product included in the List of Acceptable 
Materials.
    Loan--Any telecommunications loan made or guaranteed by RUS and/or 
the Rural Telephone Bank. See 7 CFR part 1735, subpart C.
    Loan documents--The documents covering a loan made by RUS, 
including the loan contract, note and mortgage or other security 
documents between the borrower and RUS.
    Non-Domestic product--Any product other than a Domestic product.
    Product--An item of manufactured material or assembled components, 
complete and capable of performing an intended practical purpose.
    Sole-source negotiation--Any form of purchasing or contracting 
other than sealed competitive bidding with only one manufacturer or 
supplier.
    Specifications--Standards pertaining to certain types of products 
or

[[Page 45317]]

construction which must be met to qualify for RUS loan funds. When 
appropriate, a specification may set forth the procedure to determine 
whether a particular standard has been satisfied.
    Sponsor--A manufacturer or its authorized representative seeking to 
have a product considered for RUS Acceptance.
    Technical acceptance--A letter of acceptance granted to a Sponsor 
of a Non-Domestic product which has been determined by RUS to meet RUS 
technical requirements and which complies with the Buy American 
exception when the Non-Domestic bid is lower than the lowest domestic 
bid by at least six percent of the cost of the material content of the 
Non-Domestic bid.
    Telecommunications--Any communication service for the transmission 
or reception of voice, data, sounds, signals, pictures, writings, or 
signs of any kind, by wire, fiber, radio, light, or other visual or 
electromagnetic means, including all telephone lines, facilities, or 
systems used in the rendition of such service; but shall not be deemed 
to mean message telegram service or community antenna television system 
services or broadcasting facilities other than those intended 
exclusively for educational purposes, or radio broadcasting services or 
facilities.


Sec.  1755.3  List of Acceptable Materials.

    All domestic products that RUS determines are acceptable for RUS 
financing are, for borrower convenience purposes, included in the RUS 
List of Acceptable Materials. A product is considered acceptable for 
use on RUS-financed projects, if in RUS' opinion, the product meets the 
respective specification or other requirements of this part. If the 
product is not covered by a specification in this part, the product 
will need to meet the specifications of a national standardizing 
organization, as determined by RUS, which sets such standards.
    (a) RUS Technical Standards Committee A (Telecommunications) 
(Committee A) determines whether a product fulfills the requirements of 
the applicable specifications and is otherwise acceptable for use on an 
RUS-financed project.
    (b) RUS' past, present, or future acceptance for inclusion of a 
product in the List of Acceptable Materials does NOT:
    (1) Constitute an RUS warranty of the product; or
    (2) Relieve the manufacturer of any responsibility for the product, 
including conformity to guarantees, warranties, specifications, or 
other provisions of the sale contract.
    (c) RUS includes products in the List of Acceptable Materials under 
specific categories. Committee A determines whether to establish or 
eliminate categories from the List of Acceptable Materials. RUS may 
list the product in a generic category until such a time as a specific 
category is created by RUS.
    (d) RUS may require that a product undergo a field trial before RUS 
determines acceptability of the product. RUS authorization of a field 
trial and the successful completion of a field trial shall not be 
construed as an automatic RUS acceptance of a product for inclusion in 
the List of Acceptable Materials. See subpart F of this part.


Sec. Sec.  1755.4-1755.9  [Reserved]

    5. Subpart B, consisting of Sec. Sec.  1755.10 through 1755.19, is 
established, and Sec. Sec.  1755.10 through 1755.19 are revised to read 
as follows:

Subpart B--RUS Technical Committees


Sec.  1755.10  Technical Standards Committee A (Telecommunications).

    (a) Committee A reviews all proposals relating to acceptance of 
products. Acceptance by the committee constitutes RUS acceptance of the 
proposal. A Sponsor may appeal an adverse decision made by Committee A 
to Committee B. See subpart E of this part.
    (b) Committee A approves RUS construction practices and RUS 
technical issuances, such as RUS technical bulletins and technical 
drawings. This approval constitutes RUS approval of such documents.
    (c) Committee A reviews and approves all new contract forms and 
specifications, or proposed changes thereto, which shall then be 
published in the Federal Register.


Sec.  1755.11  Technical Standards Committee B (Telecommunications).

    Committee B reviews all cases referred to it by Committee A and all 
appeals by a Sponsor from an adverse decision by Committee A. See 
Subpart E of this part.


Sec. Sec.  1755.12-1755.19  [Reserved]

    6. Subpart C, consisting of Sec. Sec.  1755.20 through 1755.29, is 
established, and Sec. Sec.  1755.20 through 1755.29 are revised to read 
as follows:

Subpart C--RUS Acceptance of Products


Sec.  1755.20  General.

    Sponsors may begin the process for a determination of whether a 
product is acceptable by submitting a written request to the Chair of 
Committee A.
    (a) For product acceptance, Committee A shall require a 
certification stating that the Sponsor will make a good faith effort to 
sell the product to RUS borrowers during the listing period.
    (b) Domestic Products and Non-Domestic Products accepted without 
condition may be used in all situations. Products accepted subject to 
certain conditions, however, such as limited use to certain areas or 
applications, will be accepted on a conditional basis with such 
conditions cited as a part of their listing.
    (c) Non-Domestic Products accepted by Committee A for use on 
telecommunications systems of RUS Borrowers are subject to compliance 
with the Buy American requirements and shall not be listed in the List 
of Acceptable Materials, but shall instead appear on the RUS 
Telecommunications' List of Acceptable Materials web page for 
information purposes.


Sec.  1755.21  Products used in special situations.

    (a) RUS may approve the use of products not accepted for use on 
RUS-financed projects on a case-by-case basis where:
    (1) The List of Materials does not include similar products to the 
product proposed by the borrower;
    (2) The products included in the List of Acceptable Materials are 
not reasonably available; or
    (3) The Borrower's specific situation calls for a unique design.
    (b) Borrowers desiring to use Loan funds for such products shall 
obtain RUS approval, in writing, prior to purchase.


Sec.  1755.22  Requalification.

    RUS shall grant acceptance to Domestic Products and technical 
acceptance to Non-Domestic Products for a maximum period of three 
years, or less if indicated in the respective product specification. On 
or before the expiration indicated in the product specification, 
sponsors must thereafter apply for continued acceptance by submitting a 
written request. If no time to apply for requalification has been 
indicated in the specification, the Sponsor may apply at least 45 
calendar days prior to expiration of the product

[[Page 45318]]

acceptance to allow RUS time for processing of the request. A product 
previously accepted by RUS may be requalified for continued acceptance 
if RUS receives a letter signed by a company official, certifying that:
    (a) For Domestic Products, the product meets the ``Buy American'' 
requirement. If not, on request by the Sponsor, the product may be 
requalified for continued acceptance as a Non-Domestic Product;
    (b) The product has not changed and is manufactured as originally 
accepted by RUS. If the product has changed, refer to Sec.  1755.23 of 
this subpart;
    (c) The Sponsor has made a good faith effort to sell the product to 
RUS Borrowers while its product was listed. The Sponsor shall provide 
on Committee A's request, any evidence, such as proof of sales, bidding 
activity, etc., demonstrating that such an effort has been made; and
    (d) The Sponsor will continue to make a good faith effort to sell 
the product to RUS Borrowers.


Sec.  1755.23  Product design changes.

    All changes in design for products listed in the List of Acceptable 
Materials shall be promptly submitted to RUS for acceptance of the 
changes before these changes are implemented.


Sec.  1755.24  Address or name change.

    A manufacturer shall notify Committee A in writing of any change of 
name, address of the product's manufacturing site, or the company's 
corporate headquarters, no later than 60 days following the change.


Sec. Sec.  1755.25-1755.29  [Reserved]

    7. Subpart D, consisting of Sec. Sec.  1755.30 through 1755.39, is 
established, and Sec. Sec.  1755.30 through 1755.39 are revised to read 
as follows:

Subpart D--Rescission of RUS Product Acceptance


Sec.  1755.30  General.

    (a) Committee A shall initiate the procedure for withdrawal of a 
product's RUS acceptance (and a subsequent removal of a product from 
the List of Acceptable Materials) upon the following conditions:
    (1) The product has not performed according to specification or has 
been misrepresented by the Sponsor to a Borrower and/or RUS;
    (2) The manufacturer or authorized representative does not apply 
for requalification;
    (3) The committee determines, upon consideration of the 
manufacturer's requalification submittal, that the manufacturer's 
product or requalification submittal does not meet the minimum 
requirements for requalification listed in Sec.  1755.22 of this part;
    (4) RUS learns that the RUS accepted product received by RUS 
borrowers has a material change in design of the product, as determined 
by Committee A, which had not been previously accepted by Committee A;
    (5) The manufacturer's submittal responding to RUS' request to 
certify an accepted product complies with revised specification 
requirements adopted by RUS indicates that the product does not meet 
revised specification requirements;
    (6) Continued RUS acceptance of a product might immediately impair 
the RE Act purposes, endanger public health and safety, or undermine 
the security of RUS and/or RTB Loans; or
    (b) Committee A may, in its discretion, initiate the procedure for 
withdrawal of RUS acceptance (and subsequent removal of a product from 
the List of Acceptable Materials) under the following conditions:
    (1) The manufacturer fails to notify Committee A of a change in 
address, as required by Sec.  1755.24 of this part;
    (2) The manufacturer sells the company or the right to manufacture 
the product to another entity; or
    (3) RUS is unable to contact the manufacturer; or
    (4) RUS determines that the manufacturer no longer manufactures the 
product.


Sec.  1755.31  Procedure for rescission of RUS product acceptance.

    (a) The following procedure will be used to withdraw RUS acceptance 
of a product (and subsequent removal of the product from the List of 
Acceptable Materials):
    (1) RUS shall inform the Sponsor in writing of the proposed 
withdrawal of RUS acceptance of a product (and subsequent removal of 
the product from the List of Materials,) providing the Sponsor with all 
available information relating to the proposed withdrawal of 
acceptance, unless the reason(s) for withholding such information is 
given, and
    (2) The Sponsor has fourteen (14) calendar days after receipt of 
such notification to notify Committee A, in writing, of its intent to 
submit information relevant to Committee A's decision to withdraw 
acceptance of the product. The Sponsor shall submit such information 
within thirty (30) calendar days from the date the sponsor received 
RUS' notice of intent to withdraw RUS acceptance of the product. 
Notwithstanding the following deadlines, Committee A, in its 
discretion, may make a decision after expiration of said deadlines.
    (b) Upon request of the Sponsor, or on its own accord, Committee A 
may grant additional opportunity for presentation or consideration of 
relevant information; including, without limitation, a meeting between 
Committee A and the Sponsor at such time, place, and manner as 
Committee A may determine. In making this decision, Committee A shall 
consider, among other things, the best interest of RUS, its Borrowers, 
and the manufacturer; and
    (c) If Committee A determines that removal of the product is 
appropriate, it may:
    (1) Immediately withdraw RUS acceptance of the product (and 
subsequent removal from the List of Acceptable Materials);
    (2) Establish conditions for the continued acceptance (and listing) 
of such product;
    (3) Recommend a settlement which adequately protects the interest 
of RUS and/or the Federal government;
    (4) Request further information to reach a decision; or
    (5) Order the withdrawal of RUS acceptance of the product (and 
subsequent removal from the List of Acceptable Materials) within 
fourteen (14) days, which order shall be stayed if the Sponsor timely 
appeals to Committee B.
    (d) Committee A shall consider all relevant information presented 
to it in determining removal of a product from the List of Acceptable 
Materials, and shall give written notice of its decision and the 
reasons therefor.


Sec. Sec.  1755.32-1755.39  [Reserved]

    8. Subpart E, consisting of Sec. Sec.  1755.40 through 1755.49, is 
established, and Sec. Sec.  1755.40 through 1755.49 are revised to read 
as follows:

Subpart E--Appeals


Sec.  1755.40  Appeals to Committee B.

    A Sponsor may appeal Committee A's decision to remove a product, in 
writing, to Committee B within fourteen (14) calendar days after 
receipt of notification of said decision. Committee B shall base its 
determination on the record developed by Committee A.
    (a) If Committee B determines that withdrawal of RUS acceptance of 
the product (and subsequent removal of the product from the List of 
Materials) is appropriate, Committee B may:
    (1) Immediately withdraw RUS acceptance of the product (and 
subsequent removal of the product from the List of Acceptable 
Materials);

[[Page 45319]]

    (2) Establish conditions for the continued RUS acceptance (and 
listing) of such product;
    (3) Recommend a settlement which adequately protects the interest 
of RUS and/or the Federal government;
    (4) Request further information to reach a decision; or
    (5) Order the withdrawal of RUS acceptance of the product (and 
subsequent removal of the product from the List of Materials) within 
fourteen (14) days, which order shall be stayed if the Sponsor timely 
appeals to the Administrator.
    (b) Written notice of Committee B's decision and the reasons 
therefor shall be provided to the Sponsor.
    (c) If Committee B determines that removal of a product is not 
appropriate, the product's listing shall be continued.


Sec.  1755.41  Appeals to the Administrator.

    A Sponsor may appeal a Committee B's decision, in writing, to the 
Administrator of RUS within fourteen (14) calendar days after receipt 
of notification of said decision, specifying the reasons for such a 
request. The Administrator's determination shall be based on the record 
developed by Committee A and Committee B, should the Administrator 
choose to review decisions of the Committees; however, at the 
Administrator's discretion, the Administrator may decline to conduct 
such review, in which case the decision of the Committees will stand.
    (a) The Administrator's determination may be based on any 
additional information provided; and
    (b) If, after review, the Administrator determines that withdrawal 
of RUS acceptance of the product (and subsequent removal of the product 
from the List of Materials) is appropriate, the Administrator may:
    (1) Order the immediate withdrawal of RUS acceptance of the product 
(and subsequent removal of the product from the List of Acceptable 
Materials);
    (2) Establish conditions for the continued RUS acceptance (and 
listing) of such product; or
    (3) Recommend a settlement which adequately protects the interest 
of RUS and/or the Federal government;
    (c) Written notice of the Administrator's decision and the reasons 
therefor shall be provided to the Sponsor.
    (d) If, after review, the Administrator determines that removal is 
not appropriate, the product's listing shall be continued.


Sec. Sec.  1755.42-1755.49  [Reserved]

    9. Subpart F, consisting of Sec. Sec.  1755.50 through 1755.59, is 
established, and Sec. Sec.  1755.50 through 1755.59 are revised to read 
as follows:

Subpart F--Field Trials


Sec.  1755.50  General.

    RUS may, at its option, require a product to undergo one or more 
field trials when considering products for acceptance. RUS may also 
require a field trial when design changes of an accepted or Listed 
Product involve such major modifications that the product's suitability 
cannot be determined based on laboratory data. A field trial normally 
consists of limited field installations of the product in one or more 
closely monitored situations designed to determine, to RUS' 
satisfaction, the product's operational effectiveness. Both the 
manufacturer and Borrower are responsible for assuring that the field 
trial is carried out and that the required information on the product's 
performance is received by RUS in a timely manner.
    (a) The use of products derived from new inventions or concepts 
untried within the telecommunications industry is defined as ``an 
experiment'' and shall be handled as a special case using procedures 
considered appropriate by RUS to meet the individual experiment.
    (b) RUS may limit the quantity of new products installed on any 
field trial and may also limit the number of field trials for a given 
product to a number it considers needed to provide the necessary 
information.
    (c) The test site for the field trial shall be, in RUS' opinion, 
readily accessible and provide the conditions, such as temperature 
extremes, high probability of lightning damage, etc., for which the 
product is being evaluated.
    (d) An RUS specification, or a suitable industry specification 
acceptable to RUS, shall cover the product involved. The Sponsor is 
required to submit test data to show conformance with the applicable 
specification or standard. RUS may require additional testing.
    (e) A field trial shall normally continue for a minimum of six 
months, or for a longer period if so determined by RUS, to obtain 
conclusive data that the product either fulfills all requirements or is 
unacceptable.
    (f) Either the Borrower or Sponsor may terminate a field trial at 
any time, in accordance with their contractual agreement. Such 
termination shall constitute withdrawal of the product from 
consideration by RUS.
    (g) RUS may terminate field trials based on its determination that 
the product is not performing satisfactorily, and that such performance 
may, in RUS' opinion, cause service degradation or hazard to life or 
property.


Sec.  1755.51  Qualifications for Borrower's participation.

    A Borrower may participate in a field trial only if, in RUS' 
opinion, the Borrower possesses:
    (a) Adequate financial resources to ensure that no delays in any 
RUS funded project will result from lack of funds or difficulties which 
may result from an unsuccessful field trial. In the event the Sponsor 
fails to meet its financial obligations with respect to the field 
trial, the Borrower must be able to maintain or restore service;
    (b) Qualified personnel to enable it to discharge its 
responsibilities;
    (c) A record satisfactory to RUS for maintaining equipment and 
plant facilities and for providing RUS with information when requested; 
and
    (d) Willingness to participate in the field trial and awareness of 
the effort and responsibility it entails.


Sec.  1755.52  Procurement.

    Borrowers wishing to use RUS and/or RTB Loan funds for a product 
not included in the List of Acceptable Materials must contact RUS to 
find out if a field trial is required as a condition for product 
acceptance. If the product is already undergoing a field trial, RUS 
will inform the Borrower if RUS will approve another field trial. 
Generally, to be eligible for RUS financing, products required by RUS 
to undergo a field trial must be procured under the procedures set 
forth in 7 CFR part 1753. If a Borrower desires a product undergo a 
field trial on a Sole-Source Negotiation basis, it must obtain prior 
written approval from RUS before soliciting a quote, and shall follow 
the procedures set forth in this section instead of those in 7 CFR part 
1753. RUS may allow the Borrower to negotiate with the Sponsor on a 
Sole-Source Negotiation basis if the product complies with the 
following conditions when compared to products currently available in 
the marketplace:
    (a) The product significantly improves performance;
    (b) The product has a broader application, and
    (c) The product advances technology in rural telecommunications.


Sec.  1755.53  Field trial contract approval.

    For contract approval RUS requires an executed RUS Form 399, 
``Supplemental Agreement to Equipment Contract for Field Trial,'' 
together with other required contract documents.


Sec.  1755.54  Field trial agreement.

    RUS shall have received an executed RUS Form 399a, ``RUS

[[Page 45320]]

Telecommunications Equipment Field Trial'' (hereinafter ``RUS Form 
399a,'') between the Borrower and the Sponsor prior to approval of the 
contract covering the products to be used in the field trial.
    (a) RUS may require that the Sponsor provide a plan, satisfactory 
to RUS, which maintains or restores service in the event that the 
product fails to meet established performance requirements. This plan 
shall be included in RUS Form 399a.
    (b) Field trials shall be conducted in accordance with the 
instructions set forth in this subpart and with the agreement relating 
to the specific application, as indicated in RUS Form 399a.
    (c) Both the Sponsor and the Borrower shall keep RUS informed of 
the status of a field trial. These reports shall provide complete 
information on the progress of the field trial and shall also include 
details of all problems or failures encountered during installation and 
subsequent operation. If these reports are not received in accordance 
with the requirements of RUS Form 399a, RUS may suspend advances of 
loan funds related to these products until satisfactory reports are 
received.


Sec.  1755.55  Procedures for establishing field trials for the various 
product categories.

    The procedures for establishing field trials are:
    (a) Electronic transmission equipment. The procedure set forth in 
subpart H of 7 CFR part 1753 shall be followed, except that RUS Form 
397 shall be used in all purchases of electronic equipment for field 
trials.
    (b) Central office equipment. The procedure set forth in subpart E 
of 7 CFR part 1753, shall be followed, except that RUS Form 525 shall 
be used to purchase switching equipment for field trials.
    (c) Other types of products. All products not covered in paragraphs 
(a) and (b) of this section, including protection, outside plant, and 
all other products, shall be handled as described in 7 CFR part 1753, 
except that the Borrower's purchase order form shall be used for 
purchasing products in these categories.


Sec.  1755.56  Warranty.

    Warranty for products undergoing field trials shall be provided as 
follows:
    (a) For all products except electronic and central office 
equipment. Suppliers and manufacturers must furnish warranties, 
satisfactory to RUS, which cover the failure of a product in its field 
trial.
    (1) Terms of such warranties must be at least equivalent to the 
standard warranty included in RUS Form 515, ``Telephone System 
Construction Contract.''
    (2) In lieu of a warranty, products may be furnished to RUS 
Borrowers on a reduced or no cost basis. Terms of such arrangements are 
subject to RUS approval and must be fully covered in the field trial 
proposals forwarded by Borrowers to the RUS for review and approval.
    (b) For electronic and central office equipment. Suppliers and 
manufacturers are to provide warranties as set forth in RUS Form 397 
for electronic equipment and in RUS Form 525 for central office 
equipment.


Sec. Sec.  1755.57-1755.59  [Reserved]

    10. Subpart G, consisting of Sec. Sec.  1755.60 through 1755.64, is 
established, and Sec. Sec.  1755.60 through 1755.64 are revised to read 
as follows:

Subpart G--Standards, Specifications, Contract Forms, Bulletins, 
Drawings, and Products for the Telecommunications Program


Sec.  1755.60  RUS standard contract forms and specifications.

    This section implements provisions of the RUS loan documents and 
prescribes the procedures that RUS follows in promulgating standard 
contract forms that Borrowers are required to use and meet, 
respectively. The standard loan agreement between RUS and its Borrowers 
provides that, in accordance with applicable RUS regulations, Borrowers 
must:
    (a) Use standard contract forms promulgated by RUS for 
construction, procurement, engineering services, and architectural 
services financed by an RUS and/or RTB Loan. These standard contract 
forms are identified in Sec.  1755.64(c) of this part. Title 7 CFR part 
1753 prescribes when and how Borrowers must use these standard contract 
forms.
    (b) Use RUS and/or RTB Loan funds only for materials, equipment, 
and construction that meet the specifications promulgated by RUS. RUS 
may establish its own specifications or may utilize, to the greatest 
extent possible, standards of national standardizing organizations, 
such as the American National Standards Institute (ANSI), National 
Electrical Safety Code (NESC), etc. RUS telecommunications 
specifications that are approved by the Director of the Federal 
Register for incorporation by reference (IBR) therein are listed in 
Sec.  1755.65 of this part.


Sec.  1755.61  Borrower contractual obligations.

    (a) Loan documents. As a condition of an RUS and/or RTB Loan, 
Borrowers are required to enter into RUS loan agreements pursuant to 
which the Borrowers agree to use and comply with:
    (1) Standard contract forms. RUS standard contract forms for 
construction, procurement, engineering services, and architectural 
services identified in the List of telecommunications standard contract 
forms under Sec.  1755.64(c) of this part.
    (i) If a Borrower is required under 7 CFR part 1753 to use a listed 
contract form, it shall use the form available from RUS, such as a 
hardcopy format or an OMB-approved electronic format. Except as 
permitted by paragraph (a)(1)(ii) of this section, the forms shall not 
be retyped, changed, modified, or altered in any manner not 
specifically authorized in this part or approved in writing by RUS. Any 
modifications approved by RUS must be clearly indicated.
    (ii) The Borrower may use an exact electronic reproduction of a 
contract form if such reproduction is submitted to RUS for prior 
approval and the following certification by the Borrower is included:

    ``I (insert name), certify that the attached (insert contract 
form name), between (insert name of parties), dated (insert date), 
is an exact reproduction of RUS Form (insert contract form number), 
dated (insert date of RUS form).''
-----------------------------------------------------------------------

(Signature)
-----------------------------------------------------------------------

(Title)
-----------------------------------------------------------------------

(Employer's Address)

    (iii) Where a Borrower has entered into a standard contract form 
required by this part, no changes to the terms of the contract may be 
made by amendment, waiver, or otherwise, without the prior written 
consent of RUS.
    (2) RUS-promulgated specifications. RUS specifications for 
materials, equipment, and construction.
    (b) Waiver. RUS may waive for good cause, on a-case-by-case basis, 
a specific requirement imposed on a Borrower pursuant to this part. 
Borrowers seeking an RUS waiver must provide RUS with a written request 
explaining the need for such waiver.
    (c) Violations. A failure on the part of the Borrower to use 
standard contract forms and RUS Specifications for materials, 
equipment, and construction as prescribed in 7 CFR parts 1753 and 1755 
is a violation of the terms of the

[[Page 45321]]

loan documents, and the RUS and/or RTB may exercise any and all 
remedies available under the terms therein.


Sec.  1755.62  Notice and publication of listed standard contract forms 
and specifications.

    (a) Notice. Upon initiating a loan agreement with RUS, Borrowers 
and their consulting engineers will be given citation to all applicable 
regulations and all listed specifications and contract forms. 
Manufacturers seeking RUS acceptance of their products are also 
provided citation to the appropriate specifications applicable to their 
products. Thereafter, new or revised standard contract forms and 
specifications promulgated by RUS, including RUS-approved exceptions 
and alternatives, will be sent by regular or electronic mail to 
Borrowers, consulting engineers, and manufacturers, as appropriate.
    (b) Availability. Standard contract forms and specifications are 
published by RUS. Interested parties may obtain these from the U.S. 
Department of Agriculture, Rural Utilities Services, Program 
Development and Regulatory Analysis, Stop 1522, Washington, DC 20250-
1522, telephone number (202) 720-8674. Industry specifications 
incorporated by reference by RUS are listed in Sec.  1755.65 of this 
part.


Sec.  1755.63  Promulgation of new or revised standard contract forms.

    RUS may, from time to time, promulgate new standard contract forms, 
or revise or eliminate existing standard contract forms. In so doing, 
RUS shall publish a notice of rulemaking in the Federal Register 
announcing, as appropriate, a revision in, or a proposal to amend Sec.  
1755.64(c) of this part. The amendment may change the existing 
identification of a listed standard contract form, such as the issuance 
date, or identify an entirely new required standard contract form. The 
notice of rulemaking will describe the new standard contract form, or 
any substantive change in the one, as the case may be. The standard 
contract form, or relevant portions thereof, may be appended to the 
supplementary information section of the notice of rulemaking. As 
appropriate, the notice of rulemaking shall provide an opportunity for 
interested persons to provide comments. RUS shall send, by regular or 
electronic mail, a copy of each such Federal Register document to all 
Borrowers, manufacturers and other interested parties.


Sec.  1755.64  Lists of RUS standard contract forms.

    (a) General. By the terms of the RUS loan documents, an RUS 
Borrower is required to use telecommunications standard contract forms 
issued by RUS, as well as use materials, equipment, and construction 
which meet specifications issued by RUS, or industry specifications 
incorporated by reference. Paragraph (c) of this section lists RUS 
telecommunications program standard contract forms for procurement, 
construction, engineering services, and architectural services.
    (b) Version of standard contract form. Where required by 7 CFR part 
1753 in connection with an RUS and/or RTB Loan, the Borrower shall use 
the version of the standard form contract identified in paragraph (c) 
which was issued as of the date the Borrower released the plans and 
specifications to solicit bids or price quotes on an RUS financed 
project.
    (c) List of telecommunications standard contract forms.
    (1) RUS Form 157, issued 10-77, ``Construction Work Plan and Cost 
Distribution-Telephone.''
    (2) RUS Form 158, issued 10-77, ``Certification of Contract or 
Force Account Approval.''
    (3) RUS Form 159, issued 10-77, ``Summary of Completed 
Construction.''
    (4) RUS Form 168b, issued 02-04, ``Contractor's Bond.''
    (5) RUS Form 168c, issued 02-04, ``Contractor's Bond.''
    (6) RUS Form 181, issued 02-95, ``Certification of Completion, 
Contract Construction Buildings.''
    (7) RUS Form 181a, issued 03-66, ``Certification of Completion 
(Force Account Construction.)''
    (8) RUS Form 187, issued 02-04, ``Certification of Completion, 
Contract Construction.''
    (9) RUS Form 213, issued 02-04, ``Certificate (Buy American.)''
    (10) RUS Form 216, issued 07-67, ``Construction Change Order.''
    (11) RUS Form 217, issued 03-97, ``Post-loan Engineering Services 
Contract-Telecommunications Systems.''
    (12) RUS Form 220, issued 06-98, ``Architectural Services 
Contract.''
    (13) RUS Form 224, issued 02-04, ``Waiver and Release of Lien.''
    (14) RUS Form 231, issued 02-04, ``Certificate of Contractor.''
    (15) RUS Form 238, issued 02-04, ``Construction or Equipment 
Contract Amendment.''
    (16) RUS Form 242, issued 11-58, ``Assignment of Engineering 
Service Contract.''
    (17) RUS Form 245, issued 11-75, ``Engineering Services Contract, 
Special Services-Telephone.''
    (18) RUS Form 257, issued 02-04, ``Contract to Construct 
Buildings.''
    (19) RUS Form 270, issued 07-70, ``Equal Opportunity Addendum.''
    (20) RUS Form 271, issued 07-70, ``Notice to Contractors & 
Sellers.''
    (21) RUS Form 274, issued 06-81, ``Bidder's Qualifications.''
    (22) RUS Form 276, issued 02-59, ``Bidder's Qualifications for 
Buried Plant Construction.''
    (23) RUS Form 281, issued 05-61, ``Tabulation of Materials 
Furnished by Borrower.''
    (24) RUS Form 282, issued 11-53, ``Subcontract (Under Construction 
or Equipment Contracts.)''
    (25) RUS Form 284, issued 04-72, ``Final Statement of Cost for 
Architectural Service and Certificate of Architect.''
    (26) RUS Form 307, issued 02-04, ``Bid Bond.''
    (27) RUS Form 375, issued 01-03, ``Interim Financing.''
    (28) RUS Form 390, issued 01-03, ``Software License Agreement.''
    (29) RUS Form 396, issued 03-64, ``Certificate of Completion-
Special Equipment Contract (Including Installation.)''
    (30) RUS Form 396a, issued 03-64, ``Certificate of Completion-
Special Equipment Contract (Not Including Installation.)''
    (31) RUS Form 397, issued 08-00, ``Special Equipment Contract 
(Including Installation.)''
    (32) RUS Form 398, issued 11-62, ``Special Equipment Contract (Not 
Including Installation.)''
    (33) RUS Form 399, issued 08-82, ``Supplement Agreement to 
Equipment Contract for Field Trial.''
    (34) RUS Form 399a, issued [EFFECTIVE DATE OF FINAL RULE], 
``Telecommunications Equipment Field Trial.''
    (35) RUS Form 506, issued 12-96, ``Statement of Engineering Fee-
Telecommunications.''
    (36) RUS Form 515, [EFFECTIVE DATE OF FINAL RULE], 
``Telecommunications System Construction Contract (Labor and 
Materials.)''
    (37) RUS Form 517, issued 09-64, Results of Acceptance Tests.
    (38) RUS Form 525, issued 07-94, ``Central Office Equipment 
Contract (Including Installation.)''
    (39) RUS Form 526, issued 08-66, ``Construction Contract 
Amendment.''
    (40) RUS Form 527, issued 03-71, ``Statement of Construction, 
Telephone System-Outside Plant.''
    (41) RUS Form 545, issued 11-99, ``Central Office Equipment 
Contract (Not Including Installation.)''
    (42) RUS Form 724, issued 10-63, ``Final Inventory, Telephone 
Construction Contract.''
    (43) RUS Form 724a, issued 04-61, ``Final Inventory, Telephone

[[Page 45322]]

Construction-Telephone Construction Contract (Labor and Materials), 
Columns 1-8.''
    (44) RUS Form 724b, issued 03-61, ``Final Inventory, Telephone 
Construction-Telephone Construction Contract (Labor and Materials), 
Columns 9-14.''
    (45) RUS Form 744, issued 02-62, ``Certificate of Contractor and 
Indemnity Agreement.''
    (46) RUS Form 752, issued 04-66, ``Certificate of Completion 
Central Office Equipment Contract.''
    (47) RUS Form 752a, issued 05-66, ``Certificate of Completion 
Central Office Equipment-Not Including Installation.''
    (48) RUS Form 754, issued 06-66, ``Certificate of Completion and 
Certificate of Contractor and Indemnity Agreement.''
    (49) RUS Form 756, issued 01-03, ``Contract Closeout 
Certification.''
    (50) RUS Form 771, issued 10-75, ``Summary of Work Orders 
(Inspected by RUS Field Engineers.)''
    (51) RUS Form 771a, issued 10-75, ``Summary of Work Orders 
(Inspected by Licensed Engineer or Borrower's Staff Engineer.)''
    (52) RUS Form 773, issued [EFFECTIVE DATE OF FINAL RULE], 
``Miscellaneous Construction Work and Maintenance Services Contract.''
    (53) RUS Form 787, issued 03-95, ``Supplement A to Construction 
Contract.''
    (54) RUS Form 817, issued 06-60, ``Final Inventory, Telephone Force 
Account Construction.''
    (55) RUS Form 817a, issued 06-60, ``Final Inventory, Telephone 
Force Account Construction, Columns 1-8.''
    (56) RUS Form 817b, issued 06-60, ``Final Inventory, Telephone 
Force Account Construction, Columns 9-14.''
    (57) RUS Form 835, issued 03-66, ``Pre-loan Engineering Service 
Contract, Telephone System Design.''


Sec.  1755.97  [Redesignated]

    11. Redesignate Sec.  1755.97 as Sec.  1755.65.

    Dated: April 28, 2005.
Curtis M. Anderson,
Acting Administrator, Rural Utilities Service.
[FR Doc. 05-13945 Filed 8-4-05; 8:45 am]
BILLING CODE 3410-15-P